Citation Name: 2023 CLC 320 PESHAWAR-HIGH-COURTBookmark this Case AURANGZEB JEHANGIRI vs TEHSIL MUNICIPAL ADMI

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Citation Name: 2023 CLC 320 PESHAWAR-HIGH-COURTBookmark this Case AURANGZEB JEHANGIRI VS TEHSIL MUNICIPAL ADMINISTRATION MANSEHRA O.I, R.8---One person may sue or defend on behalf of all in same interest---Scope---Order I, R.8, C.P.C. requires compliance of certain conditions to be fulfilled before filing suit, which includes firstly that there must be numerous persons, secondly, the said persons must have the same interest and thirdly, that permission for filing such suit is obtained from the Court---Court has to serve notice of filing of such suit on behalf of all the persons having interest in the suit, therefore, plaintiff shall file complete list of the co-owners interested in the property---Such notice is either to be served personally or by publication through advertisement and that too at plaintiff's expense. Citation Name: 2023 CLC 320 PESHAWAR-HIGH-COURTBookmark this Case AURANGZEB JEHANGIRI VS TEHSIL MUNICIPAL ADMINISTRATION MANSEHRA Ss.42, 54 & 8---Civil Procedure Code (V of 1908), O.I, R.8---Suit for declaration, permanent injunction and possession---One person may sue or defend on behalf of all in same interest---Shamilat deh property---Scope---Petitioners filed a suit seeking declaration, permanent injunction and possession by way of removing building material from the shamilat deh (property)---Petitioners were granted permission for filing representative suit but list of all the persons having interest in the suit property was not furnished and therefore, no notice was issued to them hence, the basic condition for filing suit in representative capacity was not complied---Record showed that some of the co-owners of shamilat were impleaded and the Appellate Court being vigilant had passed the order wherein it was held that the suit land would not be occupied exclusively nor would the parties use it for their own benefit without express consent and permission of other co-owners---Plaint seemed to oust all other co-owners of suit land---Order passed by Appellate Court in no way damaged the rights of petitioners rather the right to use or for deriving benefit of the suit land it was made conditional to get the express consent and permission of other co-owners---Revision petition was dismissed.

Citation Name: 2023 CLC 320 PESHAWAR-HIGH-COURTBookmark this Case AURANGZEB JEHANGIRI vs TEHSIL MUNICIPAL ADMINISTRATION MANSEHRA O — 2023 CLC 320 PESHAWAR-HIGH-COURT

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